Illinois Recent Legal Answers from Lawyers

OK so I'm a little bit confused by some of your facts. You state that you got your green card upon arrival, but then you state that you wanted to file and have him file for you but every time you bring up the subject he does not want to talk about it. So are you a green card holder presently? Or are you currently trying to get a green card?   ... Read More

OK so there is no such thing as suing to extend the statue of limitation's. You could file a lawsuit even after the expiration of the time period, but the defendant will interpose the defense that the claim is time barred. Why didn't you get an attorney to represent you? As always, you need to discuss with counsel in your specific jurisdiction regarding matters of civil procedure that may allow you to claim relief from this time period, but it may be a difficult task.... Read More

I assume that you are a US citizen as only marriage to a US citizen would allow your husband to adjust his status if he is an overstay. In such case, your husband can apply for adjustment of status along with the EAD at the same time. The processing time for adjustment depends upon the scheduling of the local field office of USCIS. EAD’s are taking a long time, and USCIS has just been sued by a group of adjustment applicants over the issue of not having received their EAD’s issued even after all of them have been waiting from 7-13 months. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Under normal circumstances, a new marriage while a naturalization application is pending has no effect upon the adjudication. The applicant would make the immigration officer aware of the new marriage at the time of the interview and give in a copy of the new marriage certificate. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Yes a witness that has been subpoenaed must show up to give testimony in the case that he has personal knowledge about. If you do not show up then a warrant for your arrest can be issued and you will be arrested and jailed once you are picked up for contempt of court. If you have been subpoenaed you are entitled to travel costs, so you should call the number on the subpoena and work out an arrangement so that they can pay for your transportation.... Read More

If you became a DACA recipient before the age of 18 and have renewed ever since, you would not have acquired unlawful presence and would not require a waiver for that before returning home for consular processing. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

A lawyer would need to review the Amazon TOS to find if this is permited.     There will be other questions you find as you seek to open an e-commerce web site or App.  In my experience, working with a lawyer as you begin will save you a lot of money in the future.   I have written a legal guide on this site with issues you will need to discuss with an  Internet attorney.  I have placed a link here for your convenience: http://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-website-app-or-blog   You may want to discuss your situation with a lawyer in more detail. ... Read More

Ask a local probate attorney whether Illinois has a transfer on death deed and, if so, transfer the deed not to your son directly but to a trust which will allow him life time occupancy but, when he abandons the property, divide the proceeds ot any sale among him (or his estate) and your other two sons.  Note that (1) you must create a trust and have a trustee other than this son and (2) you may want to incorporate a special provision for any spouse or minor children who remain behind, whether because your son has died or because he has entered an assisted living or nursing facility.... Read More

You are only in contempt of court if the court issues an order and you fail to obey it. Anyone acting under a Durable Power of Attorney is authorized to spend your mother's money to pay for her care. Nothing in your description indicates that you did otherwise and would therefore be subject to a lawsuit to recover funds on your mother's behalf.  In addition, if there were such a suit and it were successful, you could save your home by declaring bankruptcy.  The home is exempt in bankruptcy.  ... Read More

Your brother's car and clothes may be his only estate but he does have an estate.  In some states a DMV form can transfer it to his heirs at law.  While the auto lender generally will take back the car, if you are the only heir and have good credit, the auto lender may let you take over the loan.... Read More

Do not sign.  First, there is no reason for you to quit your claim to the property.  Second, your aunt is sorely mistaken if she thinks that a quit claim deed transfers title.  It does not.  It merely quits your claim to someone else's property, such as a neighbor's driveway you have been using for years.  Contact a local probate attorney about filing for an heirship determination to preserve your rights.... Read More

Assuming you were still legally married when you entered into the second marriage, you will need to file a petition to declare that second marriage void.  If you don't, you could run into issues down the road wherein your second "spouse" can allege interests in the marriage as an innocent spouse even if you separated and never lived together.  Furthermore, you would have another marriage certificate issued wherein no dissolution was acquired.... Read More

We would need more information how you have "been discriminated?"   We would need a short story of what happened to you, in order to determine what you mean by "reasonable accommodation."   Based on the information you provided, we are unable to make any "reasonable suggestions."... Read More

You can sponsor her for a Fiance visa, but the rule requires that you have to have physically met within the last 2 years. Your post says you met last in 2017, so as long as you meet again, then you can file for her fiance visa, and then once she enters the USA, you have 90 days to get married after which she can file for her green card. Despite that she is a Filipina national, she can still process at the US Consulate closest to where she works. ... Read More

The two are not mutually inconsistent.  As a painter, you may have a right to a statutory lien, but I am not sure of Illinois law in this regard (I think it would be an artisan't lien, not a mechanic's lien).  If there is no statute giving you the right to assert a lien, and you have no contract giving you that right, you can only assert a lien after you obtain a judgment in a law suit.  At any rate, the lien only gives you a security interest, it doesn't get paid until you either foreclose on it in a lawsuit or the homeowner decides to satisfy it, usually when they sell the home.  In contrast, if you win and obtain a judgment in a lawsuit, you will not only have a judgment lien on the house (assuming that Illinois works the same way as NY), you will be able to use various collection mechanisms to help you collect on your judgment.... Read More